The steps outlined below shall be followed by any person having complaints regarding a project funded by an SRF loan:
(A) Step one. Any person who believes that activities associated with the planning, design, construction or operation of facilities financed by a loan from the State Revolving Fund has caused, or will cause, a material adverse effect on such person, shall file at the office of the City Clerk, a written protest within ten calendar days of having become aware of such action. A copy of the protest documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought. Any notice of protest filed after the deadline or not containing the information listed in subdivisions (1) through (5) may not be considered:
(1) The name and address of the protester;
(2) A statement describing the disputed action and giving reasons that the action was believed improper;
(3) A statement describing how and when the protester became aware of the disputed action;
(4) A statement of how the protester is, or will be, adversely affected;
(5) A statement of the relief sought; and
(6) Any other information material to the protest.
(B) Step two. With seven calendar days of receipt of the protest, the Utilities Director shall either approve the protest, and take the necessary action thereon, or deny the protest.
(C) Step three. Any effected person dissatisfied with the decision of the Director may request a formal hearing before the Planning and Development Board. Any such appeal shall be processed as an appeal from an administrative decision as provided by § 5.8 of the Zoning and Land Development Code. The Utilities Director shall, within 14 calendar days of receipt of the request, set a hearing date to be held no earlier than 14 calendar days and no later than 45 calendar days after receipt of the request. At the hearing the protester shall present evidence and testimony and may ask questions of witnesses. The city representatives, consultants, and witnesses may present testimony about the disputed action. Within ten calendar days of the conclusion of the hearing, the Planning and Development Board shall render a written decision along with the justification for the decision.
(D) Step four. If the protester does not accept the propriety of the Planning and Development Board decision, it may appeal for reconsideration by the City Commission. The appeal must be received at the Office of the City Clerk within ten calendar days after the decision of the Planning and Development Board is rendered. The appeal must contain the information provided in subdivisions (1) through (6) above, and the justification for requesting reconsideration. The City Clerk shall, within five calendar days, designate a time and place for a public meeting of the City Commission at which the appeal is to take place. A copy of the appeal documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought. At the meeting, the justification for the Planning and Development Board decision shall be presented, and the petitioner shall have the opportunity to present evidence and testimony. Decisions of the City Commission shall constitute final agency action.
(Ord. O-93-16, passed 5-5-93; Am. Ord. O-2011-15, passed 5-4-11)